Fort Worth Injury Attorney Blog

A new client of mine was just crashed into by an uninsured driver on Alta Mere near Ridgmar Mall. And since he does not unfortunately carry uninsured motorists insurance, he may not be able to recovery any money for his injuries, lost wages, and pain and sufferering. At least he has medical insurance and Personal Injury Protection benefits.

This is hardly the first time I have seen this happen in my 31 years of practicing injury law. And it obviously won't be the last.

My client's only option is to pay money to file a lawsuit against the uninsured driver, take a judgment,wait, pay more money, and have his driver's license and registration revoked. But that takes time, money, and aggravation, and hardly guarantees he will ever recover his damages.

There are almost 17 million licensed drivers in Texas and the state estimates that one out of four of them doesn't carry liability insurance. So that's 4.25 million uninsured drivers out there. And I think that is a low figure.

Why is this happening?

Driving with liability insurance is obviously required by law, and motorists caught driving without it face a fine on their first offense and the possibility of a license suspension and an impounded car on third or subsequent offenses.

But it is too easy to circumvent this law -- when it is even enforced.

Continue reading "Uninsured Motorists - Big Problem For Us Texans " »

Farmers Insurance Company's policy holders could file for refunds from a proposed $455 million settlement in a national class action lawsuit that accused the company of illegally inflating its rates by charging excessive management fees.

The case started out in a Texas court in 2007. It is now before a court in Los Angeles, which is expected to approve the settlement next month.

Texas Farmers is owned by Zurich Financial Services in Switzerland. Its national headquarters is in California. So much for the clever marketing aimed at Texans and farmers.

Less than a quarter of eligible Farmers customers have applied for the available refunds.
Maybe that's because of the red tape and small average refunds involved.

Policy holders could receive up to $60.00, although the average refund is about $25.00. Texas will receive about $20 million of the total $455 million available. $350 million has not been claimed.

Former Texas Insurance Commissioner J. Robert Hunter stated that the proposal will do little for consumers, since most of the money goes back to Farmers, which will just keep it.

A consumer attorney said that "It's ridiculous to require that their policyholders and former policyholders fill out and send in a claim form when Farmers could simply send them a check."

Austin attorney Joe Longley, who represented one group of plaintiffs, said Farmers customers are better off with the California proposal than the original Texas settlement of $117 million in 2002. The agreement came after the company had threatened to pull out of the Texas home insurance market because of massive losses from mold claims.

Company officials also were stinging from repeated attacks by Gov. Rick Perry, who made Farmers his favorite target in his 2002 campaign.

The original settlement included rate reductions, premium refunds, higher discounts and miscellaneous refunds. Longley and his clients challenged that settlement, contending the amount was inadequate. Longley eventually had his Texas clients participate in the California case.

"We objected to the Farmers settlement as not being nearly enough, and as a result, the national class action case evolved out of the Texas case," Longley said.

"Texas policyholders are getting a better deal with this [California] settlement because it is real money as opposed to credits or future reductions in rates," he said.

Once the settlement is approved, Travis County District Judge Scott Jenkins will convene a hearing in Austin.

Another class action case affecting Texas policyholders of the company was approved in federal court in Oklahoma City last week for $40 million plus $8 million in attorney fees. That case involved faulty disclosures of premium discounts by Farmers.

Farmers is often difficult to deal with, and I sometimes file suit rather than try to settle with its adjusters.

I have been truly blessed by the Lord with some of the nicest clients in the world. Thank you all for the honor and privilege of representing you.

Yesterday and today, I had the pleasure of meeting with another two of my great clients, giving them sizeable checks, and concluding their legal battles against the insurance companies and their attorneys that had tried to deny them from receiving any money. One man was hit as he was on his motorcycle in Fort Worth and another woman's car was crashed into in Arlington. I fought hard to make sure they received favorable recoveries for their injuries.

I wanted to share their comments about how pleased they were. As you can see, they were delighted with their cash recoveries and my legal services.

I am proud that 100% of my clients have written that they are "very pleased" with their financial recoveries and the way they were treated and that all would recommend me to a family member or friend. To my knowledge, no other attorney can claim this.

Over 100 happy clients have filled out comment forms and they can be seen here

I believe that positive recommendations are the best way to hire someone, don't you?

A Springtown woman was tragically killed Monday after the motorcycle on which she was riding was struck in Palo Pinto County by a truck.

Linda White, 55, was a passenger on a 2001 Harley Davidson traveling east on FM 1148 near Graham.The motorcycle's driver, who was speeding, lost control at a curve, slid into the other lane and was hit by a 2005 Dodge traveling in the opposite direction.

My prayers go out to the surviving family.

I am only repeating what was published in the newspaper to remind motorcyclists to slow down and exercise caution when they are riding. One momentary lapse of concentration is sometimes all it takes.

Unfortunately, over the last 30 years, I have had to represent many people who have either been seriously injured or have had a family member pass away in a one vehicle collision just like this one. And I have handled my share of motorcycle crashes - and am now afraid to ride my bike on the road when I want to get some exercise.

This story reminded me of a case I just concluded where a wonderful young woman, Bethany, was a passenger in a car that crashed head-on into a tree. I was able to obtain all of the insurance proceeds that were available from several policies, then reduce the outstanding medical bill lien held by her family's insurance company to zero Please click here to see video, read about Bethany's story - especially what an amazing job our JPS Hospital did to save her life..

Continue reading "Parker County Woman Dies In Motorcycle Crash " »

Federal safety officials want states to require all motorcycle riders to wear helmets due to a surge in deaths since the late 1990s.

Motorcycle deaths have increased over the last decade, even as other traffic fatalities have declined. There were 4,400 motorcycle deaths in the U.S. just last year -- more than in all aviation, rail, marine, and pipeline accidents combined!

Twenty states already require all motorcycle riders to wear helmets. The the rest have limited helmet requirements, except Iowa, Illinois and New Hampshire, which have no requirements.

Texas state law requires a helmet to be worn if the rider is under 21. Those over 21 are exempt if they complete training or $10,000 of medical insurance. That figure is too low, considering how high medical bills from a crash can be, and why riders would not want to protect their heads from injury is beyond me.

I have unfortunately represented my share of riders, often severely injured. I am working on a lawsuit now where a very nice man in his 50s was killed.

If you or a loved one is involved in a motorcycle accident, please contact my office.

It has been a tragic two days on the streets of North Texas. Four large crashes have killed two people and seriously injured at least five others. My prayers go out to all those people and my sincerest condolences go out to the families of the deceased.
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First, a recent Keller High School school graduate died from injuries received in a motorcycle wreck late Monday evening in north Fort Worth. Austen Ussery, 18, had just received his diploma Friday night. It is not clear how the accident happened at this time.
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In addition, a man died and two others were hurt early Wednesday after their motorcycles wrecked in the 2100 block of North Collins in north Arlington. Alton Isaac, 49, of Arlington was unfortunately killed. .

"This is the 13th traffic fatality in Arlington this year," said Tiara Richard, police spokeswoman, in a news release. Investigators determined that the three men were southbound on North Collins, but it was unclear if they had been riding together, racing, or if alcohol or drugs were involved.
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As if that were not bad enough, two women were injured early Wednesday when a car that they were in hit a barrier on Northeast Loop 820, flipped over and slid upside down for dozens of yards, Haltom City police said. The women did not suffer life-threatening injuries and were rushed to JPS Hospital.

According to Haltom City police reports, a 23-year-old woman was driving a Nissan Altima when she attempted to change lanes and lost control of the vehicle. The car hit a barrier, flipped over and skidded upside down, Haltom City police said. A 24-year-old woman was a passenger in the car. Alcohol may have been a factor in the crash, according to police reports.
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Finally, a woman crashed into a parked train early Wednesday morning near Division Street and Bowen Road in Arlington, police said. The woman, who has not been identified, was taken by air ambulance to JPS Hospital for an injured leg, Arlington police spokeswoman Tiara Ellis Richard said.

The woman was on West Division shortly before midnight when her SUV hit a curb and then veered south onto Bowen. She then struck the train that was parked across Bowen Road near the Division Street intersection. Alcohol is believed to have been a factor.

In the five years Chief Justice John G. Roberts has sat on the Supreme Court, the court has not only moved to the right but also become the most conservative one in living memory.

If the Roberts court continues on this course, it will allow a greater role for religion in public life, corporations in elections, and guns in our lives. Abortion rights, affirmative action, and protections for people accused of crimes will be curtailed.

In its first five years, the Roberts court issued conservative decisions 58 percent of the time. And in the term ending a year ago, the rate rose to 65 percent, the highest number in any year since at least 1953.

Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10. The Roberts court is finding laws unconstitutional and reversing precedent. the ideological direction of the court's activism has undergone a marked change toward conservative results.

As a personal injury trial attorney, the decisions handed down by the Supreme Court affect my clients' rights as well as the future of this great country. A Supreme Court that is overly conservative or overly liberal could make politically biased, outcome-determinitive decisions that would be potentially harmful to our country.

Thousands of cyclists around the world joined together on Wednesday for the eighth annual Ride of Silence. This said memorial was started in Dallas in 2003 to honor the endurance cyclist Larry Schwartz who was hit by the mirror of a passing bus and was tragically killed. The event reminds the public to share the road with cyclists.

I think this race is a great way to raise public awareness. I have unfortunately represented my share of cyclists injured due to the carelessness of motorists and is one reason I run more these days than ride.

Friday is National Ride to Work day and I plan to participate. We need more people riding bikes like in other cities. There are plans to increase the number of bike-friendly roads which I applaud.

Next Saturday and Sunday, the Colonial Golf Tournament will store bicycles free of charge near the Log Cabin Village and donate $10.00 to the Streams and Valleys Organization which maintains the wonderful TrinityTrail where we ride and run. The Trail is outside my window and it is nice to look up from my desk and see someone going by during the day.

Cyclists, please be careful out there!

Texas insurance companies use the Texas Personal Automobile Policy which offers eight kinds of coverage to reimburse you for your loss from a vehicle crash. To help you understand what money you may be entitled to, here are the types of coverage:

1. Liability: When the other person is at fault for causing the wreck.
What it pays: Your expenses up to his policy's dollar limits (a minimum of $25,000.00, and sometimes more, including medical bills, lost wages, pain, and vehicle damage or replacement cost if it is totalled.

Who it covers: You, family members, and someone driving your car with your permission.

Note: Some policies won't cover other people, including family members, unless they're specifically named in the policy. Your policy's declarations page should list the names of all of the people covered by the policy.

2. Medical Payments Coverage
What it pays: Your medical bills.

Note that any money received will have to be paid back when you recover money from the other driver's insurance company.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the collision.

3. Personal Injury Protection (PIP) Coverage
What it pays: Medical bills, 80% of lost income and the cost of hiring a caregiver.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the crash.

An insurance company must offer you $2,500 in PIP, and you can buy more. If you don't want PIP, you must reject it in writing. The insurance company must provide me with a copy of your rejection of PIP or I can obtain these benefits for you.

4. Uninsured/Underinsured Motorist (UM/UIM) Coverage What it pays: Your expenses caused by an uninsured motorist or a motorist who did not have enough insurance to cover your bills, up to your policy's dollar limits. Uninsured also pays for accidents caused by a hit-and-run driver if you reported the accident promptly to police.

Bodily injury UM/UIM pays without deductibles for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability.
Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car. There is an automatic $250 deductible, which means you must pay the first $250 of the repairs yourself.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

Insurers must offer UM/UIM coverage. If you don't want it, you must reject it in writing (see above).

5. Collision (Damage to Your Car) Coverage
What it pays: The cost of repairing or replacing your car after an accident. Payment is limited to your car's actual cash value, minus your deductible. Actual cash value is the market value of a car like yours without damages.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

6. Comprehensive (Physical Damage Other than Collision) Coverage
What it pays: The cost of replacing or repairing your car if it is stolen or damaged by fire, vandalism, hail, or a cause other than a collision. Comprehensive coverage also pays for a rental car or other temporary transportation if your car is stolen. Your policy won't pay for an auto theft unless you report it to police. Payment is limited to your car's actual cash value, minus your deductible.

7. Towing and Labor Coverage
What it pays: Towing charges when your car can't be driven. Also pays labor charges, such as changing a tire, at the location where your car became immobile.

8. Rental Reimbursement Coverage
What it pays: A set daily amount for a rental car if your car is stolen or is being repaired because of damage covered by your policy

Today I received a large recovery of money for another wonderful client who was unfortunately injured by a drunk driver This is what she had to say about my services

and was delighted to read the article in the today's Dallas Morning News about how Dallas police may start requiring blood tests from DWI suspects. That is, if the city can come up with $360,000.00.

How can Dallas not find this money? Think about its extra police, fire department, Parkland Hospital ER, medical expenses, criminal courts, and other costs that will be avoided -- not to mention the carnage to innocent people like you and me.

Just last year, 38 people were killed in Dallas due to drunk/stoned drivers and a startling 3,600 people were arrested on these charges.

Many cities already require these more reliable blood tests, with tiny Dalworthington Gardens near Arlington being the first city in Texas to require them. (However, a Bedford woman had her conviction thrown out because those police officers were not properly qualified to draw blood; the case is on appeal.)

New laws have made it harder for drivers pulled over for drunken driving to refuse blood tests. Police no longer have to obtain time consuming search warrants for felony DWIs, where a person is hospitalized, a child is in the vehicle, or the suspect has a prior related conviction. And if the suspects refuse, their licenses are suspended for six months.

A whopping 11,773 people died in collisions caused by drunk drivers in 2008 -- a shocking one-third of the 37,261 of Americans killed in all crashes.

In Fort Worth, police mounted two recent crackdowns that resulted in 125 arrests -- 163% more than last year's.

The woman who crashed into Bertha is still awaiting trial.

I will donate a portion of my attorney's fee from every case where I represent a victim of drunk driving to Mothers Against Drunk Driving (MADD), a wonderful organization. I also will volunteer at their walk in Fort Worth on March 27th in Trinity Park.